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Home My WebLink AboutStaff Report PC 10.13.10 CR 306t' \.(' v't'"'\' r, counto'a:o^6R?wVacation /)\ u'' ,' / FJ * v (,^,v e/olec;' INFoRMATIoN AND srAFF coMMENTS nfOUfSf\ .1) / ..1\ , Location and Extent review to Vacate a portion of CR + / ^lt / 2tlA AAlattaaa / Qnrinn f:raaV Pnad\ and Acncnt a new /r / ' ./ PC October 13,2010'vt' / t" / d^ */ uou f*r'nc" i spring creek Road) and Accept a new )*b ,z i fl' \, Pubric:o* /i;r -/ PR.PERTY'WNERS \ \i XliT.:;Ti#:ilj,i"l?':"#:11#lill I:IHN tt', // - .fV Linda Marie Dixon, and the Dutton Family Limited 4r* (/ N q Liability Partnership DTD (/ LocATtoN \ \' Approximatety 4 mites southwest of Parachute /'t/L/ EXISTING ZONING Rural /'d-/ -x"o RECOMMENDATION ApProval 3---. GENERAL PROJECT LOCATION II. PROJECT DESCRIPTION AND PURPOSE The vicinity map above points out the general location of CR 306 which is approximately 4 miles southwest of Parachute, CO. The landowners and the BOCC intend to vacate an old portion of County Road 306 known as Wallace / Spring Creek Road which exists as an old rightof-way (not improved as a road today) that loops through several properties listed on the cover of this memo which was deeded to the County years ago. lt is currently difficult to make out if you walk the right-of-way. The currently travelled public road will remain the same corridor travelled by the public today but will officially be deeded (50 ft. ROW) to eh County. The map below shows corn,QrO 306 Row Vacation PC October 13, 2010 FJ (as well as Exhibits A and B to the resolution in your packet) the areas to be vacated denoted by the hashed lines. The dark line will still be the County Road 306 as currently travelled today which will be deeded to Garfield County. III. REFERRAL AGENCIES Pursuant to specific direction to Staff by the Board of County Commissioner BOCC) on Monday, October 4, 2010, the BOCC decided to waive all of the referral requirements codified in the Unified Land Use Resolution of 2008, as amended (ULUR). lV. REVIEW CRITERIA & STANDARDS in Section 4-110(C) of the ULUR RELATED TO ROAD VACATIONS Section 4-110(CX7) Planning Commission Review. lf appropriate, the Garfield County Planning Commission shall review all applications or petitions to vacate public roads or right-of- way pursuant to the provisions of S30-2S-110(1) (d), C.R.S., as amended. The Planning Commission procedures are as follows: r&!g!.lJr*!cB - RilnD cE 449 ff /*rli'.\ \ ,i"'. / \:i,/g $ pl ii FI /Ihirrlh"'I\{i-rl *"4 rffirl*6gl:&*.!!igl:.WlBqAGELESLfousrsI{&o@fficp romrlrle.w*affir*'g*{ 16-gllwowcltsrI@N*ffi ffrrr6(wFsc l:,,6C6ffiEE-ffi 9@d6lffi1.eq t4*E?lrf M!** $t{mr&liMFgru,4f:\l-r, '1 t E u'.,. i\,,\/tq..;' MiffilMM sHerct(Mlp ,.f,"+?q.r{\ \\t r\ i ,=:})..:_::: - - -:'.:..:J._...1 fu*.**iiiiliilf,-l lm,ql,ds. Ill7rd M Jq?4r1S ry5 | 1435!clMD k !.t IiI*lY!.c! "1919:::J ri;qffir-l l,Mi. ?S?4|tffi!lHokgr& i lturyqll$g:3t---..1 ."tl GE BPATMI 1tl\,/ "" ",". \t:\L. - I\, ,;" J\r.i-l ffitl/rffis, r:,7F:fli*:AlflFtrroltFI[Wfficp l -,.: "*sil., ft)d) A(U Mfiffi -Gmmn#oegu -gcft,wENs i ttr.r ''WAEDM ,*[,'*o {-$P* \\ r\r.r\\ i \!\t j F\\i<- - -i- qLxT (w lMu !d. hc corntt.a 306 RoW Vacation PC October 13, 2010 FJ The planning Commission shall conduct its review of the petition or application to vacate a county or public road right-of-way as a public hearing without required notification other than inclusion in a posted agenda. The date establish for initial review by the Planning Commission shall be considered the date of submission pursuant to $30-28-1 10, C'R.S., as amended' The planning Commission may continue consideration of the petition or request to vacate county or public road rights-of-way to the next regularly scheduled Planning Commission meeting. Under all circumstances, it shall conclude its review and render its decision and recommendation to the BOCC within sixty (60) days of submission. The decision of the Planning Commission, rendered pursuant to its review set forth herein, shall be considered a recommendation. Under no circumstances shall the planning Commission action be considered a vacation of a road or right-of-way or final action on such request. The Board of County Commissioners has the discretion to vacate a road, however certain vacations are prohibited per the following code section in 4-110. E. prohibited Vacations. The Board of County Commissioners shall not approve any petition or request to vacate a county or pubic road right-of-way when the following information has been submitted to the BOCC. 1. The subject county road or public road right-of-way grovides any access t (for the purpose of this subsection public land shall mean any property owned by the federal government or the State of Colorado). Z. The subject county road or public road right-of-way abuts or is connected to any property, including any easement owned by the federal qovernment. State of Colorado, rffiilialMtffill@iffi ment consilrures a public park, recreational area or trail. 3. The s -of-way is currently used or will be used in the foreseeable future for any co . The term "countY or Public .;i:Iroao purpose rncrfEEE, but is not limited to, motor vehicle use, pedestrian use, equestrian use, bicycle traffic, stock drive, or placement of utilities' The term "foreseeable use" shall include a use projected or planned to occur within the next twenty years as such has been include in any adopted state, county, federal, municipal or special district facilities plan, comprehensive plan, zoning plan, recreation plan, street plan, or similar document for development objectives for that entity. This provision shall apply only if documentation of the current or foreseeable use is presented at the time of public consideration of the proposal vacating resolution. 1. 2. 3. 4. o County Roa d 306 ROW Vacation PC October L3, 2010 FJ 4. The Provisions of this section shall not be deemed to preclude the BOCC's denial of a petition or application to vacated a county or public road right-of-way for other reasons. Staff Response: Staff finds the subject vacation is not in conflict with these criteria. V. REVIEW CRITERIA & STANDARDS FOR LOCATION AND EXTENT As you are aware, the BOCC recently adopted the "Location & Extent" regulations form the state statutes in to the ULUR. ln that regulation, the Planning Commission is required to determine whether the project (the road vacation in this case) conforms to the Comprehensive Plan. Staff Response: The existing Comprehensive Plan of 2000, as amended (the Comp Plan) does not specifically address Road Vacations. However, there are a few areas that support this action: A) Public Participation: The act to vacate a public right-of-way will be done in. a publically noticed hearing before the BOCC ensuring that the public has a right to due process. B) Transportation. One goal is to specifically "ensure that the County transportation system (its roads) are vacation cleans up an 18-year old discrepancy ensuring that the proper and is located in a properly described i deeded ROW to Garfield County. Further, this vacation does not conflict with providing access to public lands as it does not currently do so. C) Agriculture: By formally establishing the current existing CR 306 as the public ROW and vacating the old ROW, it reduces that potential impact of an additional road way through open grazing lands by allowing that old right-of-way to return to a more natural state. Ultimately, Staff finds this vacation to be in the spirit of the applicable goals, objectives, and policies of the Comprehensive Plan. =-.-- - -'--- ,.'ATI. STAFF RECOMMENDATION/ / Staff recommends that the Planning Commission fonlr,rard a recommendation of approval to the Board of County Commissioners regarding the request to vacate a portion of the deeded right- of-way for County Road 306 with the following findings: 1. That the meeting before the Planning Commission was extensive or complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 4 2. 3. 4. 5. b. corn,lo"a 306 RoW Vacation PC October 13, 201-0 FJ That the above stated and other reasons, the proposed vacation and acceptance of CR 306 right-of-way has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission and BOCC shall be conditions of approval, unless specifically altered by the BOCC. The subject county road or public road right-of-way does not provide any access to public lands (for the purpose of this subsection public land shall mean any property owned by the federal government or the State of Colorado). The subject county road or public road right-of-way does not abut or is not connected to any property, including any easement owned by the federal government. State of Colorado, municipality, county, or special district, where such property or easement constitutes a public park, recreational area or trail. The subject county road or public road right-of-way is not currently used or will not be used in the foreseeable future for any county or public road purpose. The term "county or publlc road purpose" includes, but is not limited to, motor vehicle use, pedestrian use, equestrian use, bicycle traffic, stock drive, or placement of utilities. The term "foreseeable use" shall include a use projected or planned to occur within the next twenty years as such has been include in any adopted state, county, federal, municipal or special district facilities plan, comprehensive plan, zoning plan, recreation plan, street plan, or similar document for development objectives for that entity. This provision shall apply only if documentation of the current or foreseeable use is presented at the time of public consideration of the proposal vacating resolution.